PEOPLE EX REL. DENNIS WURTHMANN V ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL FACILITY
Motion No: KAH 07-02186
Slip Opinion No: 2007 NYSlipOp 84213(U)
Decided on October 31, 2007
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


October 31, 2007

KAH 07-02186
Inmate # 02-B-1317 WENDE CORRECTIONAL FACILITY
Index No: I-2007-3730

PEOPLE OF THE STATE OF NEW YORK EX REL. DENNIS WURTHMANN, PETITIONER-APPELLANT,

V

ROBERT A. KIRKPATRICK, SUPERINTENDENT, WENDE CORRECTIONAL

FACILITY, RESPONDENT-RESPONDENT.


An application having been made by appellant for an order granting leave to prosecute an appeal from a judgment of the Supreme Court, Erie County, entered in the Erie County Clerk's Office on July 12, 2007, as a poor person, and for other relief,

It is hereby ORDERED that said application be, and the same hereby is, granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3(c)(2) and ten copies of appellant's brief, reproduced pursuant to CPLR 5529, and

KEVIN BAUER, ESQ.

728 ELLICOTT SQUARE BUILDING

BUFFALO NY 14203

is hereby assigned as counsel to conduct the appeal; and

It is further ORDERED that the Clerk of Erie County is hereby directed to provide KEVIN BAUER, ESQ. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based; and

It is further ORDERED that said briefs are to be filed and served on or before June 12, 2008, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12(b).

Entered: October 31, 2007

JoAnn M. Wahl, Clerk